United States v. Morales

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

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No. 95-10923 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALBERTO PACHECO-MORALES,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Texas (3:95-CR-064-R) ______________________________________________

May 22, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant appeals his conviction for possession with intent to

distribute more than five kilograms of cocaine, challenging the

district court's denial of his motion to suppress the evidence. We

have reviewed his arguments and the record and find no error in the

district court's reasoning announced at the conclusion of the June

15, 1995, suppression hearing. We have no jurisdiction to consider

Appellant's Fed. R. Crim. P. 35 motion inasmuch as the district

* Pursuant to Local rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. court has not ruled on such a motion. 28 U.S.C. § 1291.

AFFIRMED.